Rummington v. Kelley
Ohio Supreme Court
This is a case in chancery reserved in the county of Cuyahoga. The case, as made by the bill, answer, exhibits, and testimony, is as follows.
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This is a case in chancery reserved in the county of Cuyahoga. The case, as made by the bill, answer, exhibits, and testimony, is as follows. On June 16,1831, a contract was entered into between the complainant and defendants, by which the defendants agreed to sell to the complainant a certain piece or parcel of land, as described in the contract, in the then village of Cleveland, for the sum of four hundred and sixty dollars, to be paid in four annual installments, and when paid they were to execute a deed. The complainant gave four several notes for the purchase money, payable as follows,…
1Opinion of the Court
Judge Hitchcock
delivered the opinion of the court :
So far as the facts of this case are concerned, there can be but little difficulty. The only controversy is, whether the complainant took possession of the premises before the tender made to him of his notes, and whether before that period he had made any lasting and valuable improvements.
The contract did not give him the right of possession in express terms or by implication; still, with the consent and acquiescence of the defendants, he might have taken possession ; and if, under such circumstances, improvements should be made which are…
2Cases cited1 opinion
- Benedict v. LynchNew York Court of Chancery · 1815
3Cited by1 opinion
- Werr v. Moccabee, 06ca2944 (5-29-2007)Ohio Court of Appeals · 2007